Praveen Kumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Praveenkumar

...Petitioner

Vs.

The State Rep by Inspector of Police, Bommidi Police Station, Dharmapuri District.

Crime No.163 of 2022

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.163/2022 pending investigation on the file of the respondent.

For Petitioner :Mr.Sathiyaraj.E For Respondent :Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner who was arrested and remanded to judicial custody on 26.07.2022 for the offences punishable under Sections 11(1), 11(4) of POCSO Act read with Section 12 of Protection of Children from Sexual Offence Act, 2012 and Section 506(i) of IPC in Crime 1/4

No.163 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 25.07.2022, the petitioner made a love proposal to the victim girl aged about 14 years to marry him and also threatened her not to disclose the same to her family. Hence, the complaint.

3. The petitioner made a love proposal to the victim girl. Except the said allegation, there is no other allegation as against the petitioner.

4. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of his arrest i.e., 26.07.2022, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the Fast Track Mahila Court, Dharmapuri, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb 2/4

Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

24.08.2022 mpl 3/4

G.K.ILANTHIRAIYAN, J.

mpl To 1.The Fast Track Mahila Court, Dharmapuri.

2.The Inspector of Police, Bommidi Police Station, Dharmapuri District.

3.Sub-Jail, Dharmapuri.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.19618 of 2022 24.08.2022 4/4